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There is no simple way to reverse a life estate because a life estate deed is a legal transfer of the title of a property. This is legally binding and the transaction is complete when the life estate is executed. Essentially, in order to reverse a life estate both parties would need to agree to make it happen.
Typically, you will need to record a new transfer document to remove the deceased joint tenant from the ownership of the property. Sometimes, a type of Affidavit may be used in this situation. A death certificate must be included.
The small estate affidavit is a legal document that must be completed and signed by the person entitled to receive the deceased person's assets. It must be filed with the court in the county where the deceased person lived, along with a certified copy of the death certificate.
In Colorado, real estate can be transferred via a TOD deed, otherwise known as a beneficiary deed. This deed permits a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.
To prove this to the world and effectively remove your deceased husband from the title, you simply have to record his death certificate in the public records. Because every situation is different, it would be best to consult an experienced attorney before acting.
How do I remove this owner's name from the deed? When an owner on a deed dies, the death certificate may need to be recorded with the Clerk and Recorder. For more information on recording a death certificate, visit the Clerk and Recorder website or reach them at 303-271-8121.
A remainderman is a property law term that refers to a person who stands to inherit property at a future point in time upon the termination of a preceding estate?usually a life estate. A remainderman is a third person other than the estate's creator, initial holder, or either's heirs.
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.